Dairy Industry Stabilization Levy Regulations (Amendment)

Overview

The Dairy Industry Stabilization Levy Regulations 1979, made under the authority of the Dairy Industry Stabilization Levy Act 1977, address the need for stable and predictable regulation of the Australian dairy industry. Enacted by the Governor-General, these regulations were introduced to implement specific recommendations from the Australian Dairy Corporation, in consultation with the Australian Dairy Industry Advisory Committee, concerning the levy rates for various dairy products. The objective of these regulations is to provide a stable financial framework for the industry, ensuring consistent and fair assessment of levies on dairy products such as butter, cheese, and milk powder, among others. This legislative instrument aims to facilitate the effective management and stabilisation of the dairy sector in Australia.

Scope and Application

The Dairy Industry Stabilization Levy Regulations 1979 apply to the entities and industries within the scope of the Dairy Industry Stabilization Levy Act 1977, specifically targeting the levy on various dairy products. These regulations establish rates of levy for specified dairy products, including butter, buttermilk powder, and cheese, among others, which are critical in determining the financial obligations of those involved in the production and distribution of these products. The regulations apply nationally across Australia, as they are formulated under Commonwealth legislation. There are no explicit exclusions or exemptions mentioned within the text, suggesting that the levies apply broadly to all entities within the scope of the Act unless otherwise specified in subordinate instruments. The application of these regulations is extended and potentially restricted through subordinate instruments, which may provide further detail or specific conditions under which the levies are applicable or may be adjusted.

Key Provisions

The main operative sections of the Dairy Industry Stabilization Levy Regulations 1979 (C2004L04250) are set out in Schedule 2, which details the rates of levy for various kinds of dairy products. Section 1 of the regulations establishes the commencement date for the new rates, effective from 1 January 1980. Section 2 replaces Schedule 2 of the previous regulations, providing a new list of dairy products along with their respective levy rates per tonne. The levy rates specified in column 2 apply to the kinds of dairy products listed in column 1. These include rates for butter, buttermilk powder, butter oil, casein, cheese, modified skim milk powder, processed butter oil, processed cheese, skim milk and buttermilk powder mixture, skim milk powder, and whole milk powder. The obligations imposed by the Act primarily concern the Australian Dairy Corporation and the Australian Dairy Industry Advisory Committee. The Australian Dairy Corporation is responsible for making recommendations to the Minister regarding the rates of levy for dairy products, following consultations with the Advisory Committee. These recommendations must be considered by the Governor-General before the new regulations are made. Additionally, the regulations require compliance with the specified levy rates for all relevant dairy products, ensuring that the levies are collected and applied in accordance with the new rates. Failure to comply with the new levy rates as outlined in the regulations can result in various consequences. Although the specific penalties are not detailed in the provided excerpt, breaches of regulations generally attract fines and potential legal action. The Dairy Industry Stabilization Levy Act 1977, under which these regulations are made, likely provides for both civil and criminal penalties for non-compliance. Civil penalties could include financial penalties, while criminal penalties might involve fines or imprisonment, depending on the severity and intent behind the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case.